Getting pulled over for DUI suspicion is stressful enough. Being asked to take a breath test can raise quick questions. You do have the option to refuse, but the bigger question is what that leads to.
Refusing the test brings automatic penalties
Florida’s implied consent law means that by driving here, you agree to chemical testing if an officer suspects impairment. Refusing the test does not prevent consequences; it creates them. Here’s what happens when you say no:
- First refusal: Triggers a 12-month license suspension, even without a prior DUI conviction
- Second or later refusal: Leads to an 18-month suspension and a misdemeanor charge, which can carry jail time and fines
These penalties are administrative, meaning the Department of Motor Vehicles enforces them, and they also take effect immediately after the refusal, whether or not the court convicts you of DUI. While refusing the test might feel like damage control in the moment, it often makes things worse, legally and practically.
A DUI charge does not require a breath test
Many people believe no test means no arrest, but that is not the case. Officers often rely on other signs of impairment, including how you drive, respond to questions, and perform on field sobriety tests.
Your words and actions during the stop matter just as much, and sometimes more. Even without test results, the officer can still arrest you. The prosecutor may still file charges based on the rest of the evidence. In some cases, they may introduce the refusal as evidence in court and often highlight it to show a lack of cooperation or an attempt to avoid a test result.
Think ahead before you refuse
In the moment, refusing might feel like a safe decision. For first-time offenders or out-of-state visitors, that reaction is typical. However, it often leads to more problems than it prevents. Knowing how Florida treats a refusal can help you avoid added stress down the road. That one decision can affect your driving privileges, your record and your options going forward.
If you or someone you know is navigating the effects of DUI charges, contact us today at (904) 474-3115.